Facts
The complainant [X.] , a Turkish citizen, was recognized as a refugee in Switzerland in 1991. In 2000, a family dispute occurred, in which [X.] injured his wife and two of his sons. The Cantonal Court of Basel-Landschaft sentenced him to a prison term of 5 1/2 years. The Justice, Police and Military Directorate of the Canton of Basel-Landschaft deported [X.] from Switzerland in 2003, and the Federal Court confirmed this decision. The Migration Office of the Canton of Basel-Landschaft ordered in 2006 that the deportation be enforced, as [X.] did not face persecution or inhuman treatment in Turkey.
[X.] applied to the Federal Court to overturn the judgment of the Cantonal Court, to refrain from enforcing his deportation, and to grant him a residence permit. The Government Council and the Federal Office for Migration applied for the complaint to be dismissed.
Considerations
The Federal Court examined whether the enforcement of the deportation violates the non-refoulement principle, Art. 3 ECHR or the prohibition of torture. It found that the complainant does not face persecution or inhuman treatment in Turkey and that the cantonal authorities did not have to file an application for temporary admission with the Federal Office.
The Court pointed out that the prohibition of refoulement is not violated in this case and that the complainant had sufficient…